Dodge v Hacienda Caravan Park Pty Ltd (No 2) [2021] NSWCATEN 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dodge v Hacienda Caravan Park Pty Ltd (No 2) [2021] NSWCATEN 5 Hearing dates: On the basis of written submissions dated 10,24 and 31 March 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Enforcement Before: The Hon F Marks, Principal Member Decision: (1) The respondent is to pay the costs of the applicant assessed in the manner set out hereunder in default of agreement. (2) Such costs are to be assessed under the provisions of the legal costs legislation as defined in section 3 A of the Legal Profession Uniform Law Application Act 2014, but on the basis that the applicant shall be entitled to recover all of his legal costs other than those which are of an unreasonable amount or have been unreasonably incurred and any doubts which the assessor may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the applicant Catchwords: COSTS - order made to refer proceedings to Supreme Court under section 73 (5) of the Civil and Administrative Tribunal Act – whether costs order should be made in referral proceedings – basis of assessment of costs order to reflect recovery of all amounts reasonably incurred. Legislation Cited: Civil and Administrative Tribunal Act 2013 ss 60,73,77 Legal Profession Uniform Law Application Act 2014 s 3A Legal Profession Uniform Law (NSW) Cases Cited: Dodge v Hacienda Caravan Park Pty Ltd [2021] NSWCATEN 2 Lin v Chief Commissioner of State Revenue [2018] NSWCATAD 98 Westbury v The Owners – Strata Plan No 64061 [2021] NSWCATEN 3 EMI Records Ltd v Ian Wallace Ltd [1983] Ch 59 Bouras v Grandelis [2005] NSWCA 463 Category: Costs Parties: David Dodge (Applicant) Hacienda Caravan Park Pty Ltd (Respondent) Representation: Counsel: P Batley (Applicant)